09-2: Chapter 14 Draft Ordinance — 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 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 14-1 (DEDICATION OF OR NAMING A PUBLIC FACILITY OR PROPERTY) RELATING TO NAMING AND RENAMING PUBLIC RECREATION AREAS AND FEATURES, AND RECOGNIZING CONTRIBUTIONS AT PUBLIC RECREATION AREAS AD FEATURES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Section 14-1-31 (Definitions) is amended to amend the definition of “Facility” to read: (1) FACILITY includes a City building, structure, or other facility directly used by the public but does not include [excluding] a police facility under Section 14-1- 35 (Procedure for Naming a Police Facility) or a public recreation area [park facility] under Article 5 [Section 14-1-36] (Naming or Renaming a Public Recreation Area and Park Features; and Recognizing Contributions at Public Recreation Areas and on Park Feature [Park Facility]). PART 2. City Code Sections 14-1-36 (Requirements for Naming or Renaming a Park Facility), 14-1-37 (Park Naming Policy), 14-1-38 (Procedure for Naming a Feature), and 14-1-39 (Procedure for Naming or Renaming a Facility) are repealed and replaced with a new Article 5 to read as follows: ARTICLE 5. NAMING AND RENAMING PUBLIC RECREATION AREAS AND PARK FEATURES; AND RECOGNIZING CONTRIBUTIONS AT PUBLIC RECREATION AREAS AND ON PARK FEATURES. § 14-1-51 DEFINITIONS. (A) In this article, (1) CONTRIBUTION means a culturally significant contribution, a valuable contribution, or creditable service; (2) CREDITABLE SERVICE means a minimum of 10 years dedicated either through employment, volunteerism, or advocacy to the benefit of the department or park system; (3) CULTURALLY SIGNIFICANT CONTRIBUTION means a community recognized aesthetic, historical, scientific, or social contribution that 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 1 of 8 COA Law Department 33 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 meaningfully impact the built environment, programmatic opportunities, sense of community, or positive advocacy for the department; (4) DEPARTMENT means the Parks and Recreation Department; (5) DIRECTOR means the director of the department; (6) LOCAL REFERENCE means a geographic feature, nature-based element, community, cultural or historical reference that is found in proximity to a public recreation area; (7) NOMINEE means an individual, an entity, or group of individuals; (8) PARK FEATURE means a recreational improvement that is a major component of a public recreation area; and (9) VALUABLE CONTRIBUTION means an action or series of actions that resulted in or brought about positive outcomes for the park system or the community. (B) A term defined in Chapter 8-1 (Parks Administration) has the same meaning in this article. § 14-1-52 APPLICABILITY AND INTENT. (A) This article applies to the naming and renaming of public recreation areas and park features; and to other actions that recognize contributions at public recreation areas and on park features. (B) The council intends to serve the interests of the community and assure a worthy and enduring legacy when naming and renaming public recreation areas and park features. (C) In support of that intent, council seeks to adopt a process that: (1) is transparent to the public regarding the processes to submit a nomination, to consider a nomination, to hold public meetings about the application, to obtain feedback from the public, and to approve a nomination to name or rename; (2) actively seeks community input with mechanisms in place to receive intentional feedback along with a feedback loop; and 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 2 of 8 COA Law Department 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 (3) considers racial, ethnic, gender, and economic disparities in the naming or renaming of public recreation areas and park features. (D) Nothing in this article limits the council’s authority to establish different criteria and procedures for naming or renaming of a particular public recreation area or park feature. A council-approved resolution that establishes the criteria or procedures to name or rename a particular public recreation area or park feature controls over a conflicting provision of this article. (E) If the city has financed a public recreation area or park feature with the proceeds of obligations, the interest on which is excludable from gross income for federal income tax purposes, the council may reject a name to preserve the exemption from federal income taxation of the interest on the proceeds of the obligations. (F) Unless the name is related to the Confederacy, a public recreation area or park feature with the same name for 50 or more years is considered an iconic park and is not subject to this article. (G) The director may adopt rules under Chapter 1-2 (Adoption of Rules) to implement this article. § 14-1-53 RECOGNIZING CONTRIBUTIONS AT PUBLIC RECREATION AREAS AND ON PARK FEATURES. (A) The director may recognize contributions through coordinated displays of plaques or bricks at public recreation areas and on park features. (B) A nominee may be recognized under this section without naming or renaming a public recreation area or park feature. § 14-1-54 DEDICATION PLAQUES. (A) Except as provided in a valid agreement governing the naming of a public recreation area, the City may recognize a nominee’s contribution by dedicating a plaque on park features within a public recreation area. (B) A dedication under this section does not constitute naming or renaming; or require naming or renaming. (C) If the Parks and Recreation Board recommends recognizing a nominee’s contribution by dedicating a plaque under this section, the director is authorized to install a plaque recognizing the nominee. 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 3 of 8 COA Law Department 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 (D) One or more plaques dedicated to other nominees may be placed at the same park feature location. (E) A plaque installed under this section may be removed only when the park feature is removed and repurposed into another park feature. § 14-1-55 NAMING AND RENAMING POLICY. (A) Subject to the limitations in Subsection (C), a public recreation or park feature may be named or renamed for: (1) (2) an individual who made a valuable contribution or provided creditable service to the park system and the city; a nominee that made a culturally significant contribution to the area or community surrounding the public recreation area; (3) a local reference; or (4) a nominee that: (a) deeds the land to the City for a public recreation area; (b) (c) contributes the estimated cost of at least 75 percent of the development of the public recreation area; and provides an endowment for the estimated 20-year maintenance costs of the public recreation area. (B) The director will determine the estimated 20-year maintenance costs. (C) Limitations. (1) A public recreation area or park feature may not be named or renamed for an individual unless the individual is deceased for at least two years or is retired from the City for at least three years. (2) A public recreation area may not be renamed for a period of 25 years from the date the council approves a naming or renaming under this article unless council approves a resolution initiating a renaming of a public recreation area before the 25-year period ends. § 14-1-56 AUTHORITY TO APPROVE NAMING AND RENAMING NOMINATIONS. 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 4 of 8 COA Law Department 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 (A) Except as provided in Subsection (B), the city council approves naming and renaming under this article. (B) The director may name and rename park features. § 14-1-57 NOMINATION PROCEDURE FOR NAMING OR RENAMING A PUBLIC RECREATION AREA OR A PARK FEATURE. (A) Submitting Nominations. (1) A person may submit a nomination to name or rename a public recreation area or park feature. (2) When submitting a nomination, a person must pay a non-refundable nomination fee set by separate ordinance. (3) A nomination must be submitted to the director on a form approved by the director. (a) To nominate an individual or a group of individuals, a person must: (i) provide a biographical sketch of the individual; (ii) (iii) identify their valuable contribution or creditable service to the park system or the community, including their involvement; and identify the individual’s connection, if any, to the public recreation area or park feature or to the activity for which the public recreation area or park feature will be used. (b) To nominate an entity, a person must: (i) provide the entity’s history; and (ii) identify the entity’s culturally significant contribution or valuable contribution. (c) To nominate a local reference, a person must: (i) identify the local reference and its location; and (ii) describe the connection between the public recreation area and the local reference. 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 5 of 8 COA Law Department 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 (d) The nomination must include documentation that demonstrates public support for the proposed naming or renaming. (B) Notifications. (1) Existing Public Recreation Areas and Park Features. Within 30 days of receipt of a completed nomination, the director will notify the council, the city manager, and the Parks and Recreation Board that a nomination was submitted. (2) Newly Constructed Public Recreation Areas and Park Features. On or before the day the construction begins for a new public recreation area or park feature, the director will notify the council, the city manager, and the Parks and Recreation Board that a new public recreation area or park feature needs to be named. (C) Community Engagement. (1) Community engagement begins after the director provides notice under Subsection (B). (2) The director will take reasonable steps to inform people who are likely to have an interest in the naming or renaming of the public recreation area or park feature. (3) The director will: (a) consider the nature and location of the public recreation area and whether a particular community is likely to be especially interested in the process; (b) disseminate the information to reach those communities; (c) conduct at least three community engagement activities; and (d) disaggregate engagement feedback to compare district-based feedback to total community feedback and consider racial, ethnic, gender, and economic disparities. (4) The director will complete community engagement within 180 days. 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 6 of 8 COA Law Department 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 (D) For a newly constructed public recreation area or park feature, the deadline to submit nominations must be at least 90 days before the date of the first community engagement activity. (E) Director’s Findings. (1) The director may not make a finding of justified or not justified until after community engagement is complete or, if newly constructed, 90 days from the date of the last community engagement activity. (2) If the director finds that a nomination is justified, the director must provide the following information to the chair of the Parks and Recreation Board: (a) the nomination; (b) results of the community engagement; and (c) a written explanation about how the results guided the director’s recommendation. (3) If the director finds that a nomination is not justified, the director must provide a written explanation about the finding to the chair of the Parks and Recreation Board. The deadline to provide this explanation is 90 days after the director finds that the nomination is not justified. (F) Justified Nominations. (1) After the director justifies a nomination, the Parks and Recreation Board shall conduct a public hearing on the nomination. (2) The Parks and Recreation Board shall make a written recommendation within 45 days from the date the director submits the nomination to the chair. (3) If the board fails to meet the deadline described in Subdivision (2), the Parks and Recreation Board is deemed to have made no recommendation. (4) Except as provided in Subdivision (6), the city manager shall place an item regarding a justified nomination on the council’s agenda as soon as practicable after the earliest of: (a) Parks and Recreation Board makes its recommendation, or (b) the period prescribed by Subdivision (3) expires. 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 7 of 8 COA Law Department 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 (5) The city manager must provide each council member with a copy of the Parks and Recreation Board’s recommendation, if any, and the nominations received by the director. (6) If a public recreation area is partially funded by another governmental entity, the city manager will place an item to consider the entity’s nomination on the council’s agenda as soon as practicable. § 14-1-58 APPROVED NOMINATION FEES FOR PLAQUE, BRICK, OR SIGN. (A) Before a plaque or brick can be installed, the person who submitted the nomination must pay a fee for the plaque or brick. (B) Before a sign can be fabricated, the person who submitted the nomination must pay a fee for the sign. PART 3. This ordinance takes effect on __________________, 2023. PASSED AND APPROVED , 2023 § § § _______________________________ Kirk Watson Mayor APPROVED: _____________________ ATTEST: _______________________ Anne L. Morgan City Attorney Myrna Rios City Clerk 1/16/2024 1:06 PM Chapter 14-1 Naming/Renaming Parks Page 8 of 8 COA Law Department