CHAPTER 17
PARKS AND RECREATION

ARTICLE 3
PARK PROPERTY

Section 17-3-1. Title. This ordinance may be known and cited as the Northglenn Parks Ordinance.

[Source: Ord. 273, 1973]

Section 17-3-2. Establishment of Parks. The City Council of the City of Northglenn declares that it intends to acquire, establish and maintain such lands or interests in land within or without the corporate limits of the City, as in the judgment of the City Council may be necessary, suitable or proper for park and recreational purposes and for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic or other public interest.

[Source: Ord. 370, 1975]

Section 17-3-3. Definitions. As used in this ordinance, unless the context otherwise requires:

(a)

The term "Interest in land" means any right or interest in land less than the full fee interest, including but not limited to future interests, easements, covenants and contractual rights.

(b)

The term "park" means and includes any land or interests in land used or intended to be used for park or recreational purposes, or for the preservation or conservation of sites, scenes, open space, or vistas of scientific, historic, aesthetic or other public interest, whether now owned or to be acquired, or sought to be acquired, by the City of Northglenn, either within or without the municipal boundaries of the City.

[Source: Ord. 273, 1973; 370, 1975]

Section 17-3-4. Establishment of Parks, Recreational Facilities and Conservation Easements.

(a)

The City of Northglenn shall have the authority to acquire, establish and maintain such lands or interests in land, within or without the corporate limits of the City, as in the judgment of the City Council of the City of Northglenn may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways, or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic or other public interest.

(b)

Every interest in land held by the City of Northglenn pursuant to the provisions of this ordinance and the laws of the State of Colorado, when recorded, shall be deemed to run with the land to which it pertains for the benefit of the City of Northglenn.

(c)

Every right, title and interest in land held by the City of Northglenn may be protected and enforced by the City of Northglenn in any court of general jurisdiction by any proceeding known at law or in equity.

(d)

The City of Northglenn, whenever in the judgment of the City Council such action shall be deemed appropriate and advisable, may unite in the acquisition, establishment and maintaining of any land or interest in land, for any or all of the purposes set forth in Section 17-3-2 of this article, with any one or more of the following:

(1)

Any city, town or municipal corporation of the State of Colorado;

(2)

Any similarly authorized political subdivision of the State of Colorado; or

(3)

Any organization or entity with which the City could lawfully enter into any intergovernmental contract under the Constitution and laws of the State of Colorado.

(e)

The provisions of Section 17-3-4(d) shall not be construed to limit or affect any of the powers and authority provided by the Charter of the City of Northglenn and the Constitution and laws of the State of Colorado.

[Source: Ord. 370, 1975]

Section 17-3-5. Powers Exercised by Ordinance.

(a)

Pursuant to the authority of 139-88-3(2), Colorado Revised Statutes, 1963, as amended, the park commission of the City of Northglenn is hereby abolished and the functions and activities of such park commission consolidated under the general control and administration of the City.

(b)

The care, custody, management and control of the parks of the City of Northglenn shall be invested exclusively in municipal government of the City of Northglenn which shall have and exercise, in the manner provided by ordinance, the following powers:

(1)

To lay out, regulate and improve all parks.

(2)

To lay out, regulate and improve all pleasure grounds, boulevards, parkways, avenues, driveways and roads located in parks.

(3)

To prohibit certain or heavy traffic in parks.

(4)

To grant or refuse licenses to vend goods on the streets or sidewalks within three hundred feet of any park entrance, on the streets and sidewalks adjoining parks, and in parks.

(5)

To establish and maintain necessary regulations for the proper supervision and government of parks.

[Source: Ord. 273, 1973]

Section 17-3-6. Park Fund.

(a)

The Park Fund shall consist of moneys levied, collected, and appropriated therefor and coming into the Fund by donation or otherwise.

(b)

All moneys collected and credited to the Park Fund shall be used for the maintenance and improvement of parks and parkways, boulevards, avenues, driveways and roads in parks and shall be expended by the City Council as in their judgment the needs of such property shall require.

(c)

Such moneys shall be drawn upon by the proper officers of the City, upon vouchers properly authenticated.

[Source: Ord. 273, 1973]

Section 17-3-7. Acquisition of Parks. Land or interest in land for any of the purposes mentioned in Sections 17-3-2 and 17-3-4 of this article may be acquired by the City of Northglenn either by gift, devise, condemnation, or purchase; but no land or interest in land shall be purchased for such purpose until the City Council adopts an ordinance authorizing such acquisition and stating the location and legal description of the land or interest in land to be acquired, the price to be paid and the manner of payment.

[Source: Ord. 370, 1975]

Section 17-3-8. Gifts for Park Purposes.

(a)

Real or personal property may be granted, bequeathed, devised or conveyed to the City of Northglenn for the purpose of the improvement or ornamentation of any park or pleasure ground, boulevard, parkway, avenue, driveway or road in any park, or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments or works of art upon such trusts or conditions as may be approved by the City Council.

(b)

All such property or the rents, issues and profits thereof shall be subject to the exclusive management and control of the City of Northglenn.

(c)

Lands or interests in land given or devised to the City of Northglenn shall be accepted or refused by resolution passed by the City Council.

[Source: Ord. 273, 1973]

Section 17-3-9. Reserved.

Section 17-3-10. Purchases of Land--Petition by Electors.

(a)

The City Council of the City of Northglenn, upon petition of the electors of the City equal in number to one-tenth of the number of such electors voting at the last regular election of the City, shall submit at the next regular election either or both of the questions of acquisition or of incurring bonded indebtedness by separate ordinance.

(b)

In the ordinance submitting the question of the acquisition of such lands or interests in land, the City Council shall state the location of the land or interests in land proposed to be acquired, describing the same by legal subdivisions wherever practicable, and the consideration to be given for purchase and the manner of payment; and in the ordinance submitting the question of incurring indebtedness, the City Council shall state the maximum net effective interest rate at which the bonds may be issued.

(c)

If the only question to be submitted is the acquisition of such properties, the question may be submitted at a regular or special election.

(d)

If the acquisition or incurring of indebtedness or both have been approved as required by 139-32-1(7), Colorado Revised Statutes, 1963, as amended, the City Council shall acquire such lands or interests in land, incur the indebtedness, or both pursuant to such authorization.

[Source: Ord. 273, 1973]

Section 17-3-11. Condemnation of Land.

(a)

For the purpose of acquiring land for parks and for pleasure grounds, boulevards, avenues, driveways and roads in parks, the City Council is hereby authorized and empowered by and with the approval of the Mayor, to select and by a suitable proceeding in the name of the City, without the passage of any ordinance, to condemn real estate.

(b)

All such condemnation proceedings shall be in accordance with the general laws of the State of Colorado, so far as the same are applicable; but the benefit to other lands shall be ascertained and assessed.

[Source: Ord. 273, 1973]

Section 17-3-12. Franchises. No franchise, license or permit for the construction or maintenance of any railway shall ever be granted within the limits of any park or pleasure ground or lengthwise upon any boulevard, parkway, avenue, driveway or road within the limits of any park or pleasure ground, nor shall any franchise for the maintenance of any other special privilege within any park or pleasure ground be granted.

[Source: Ord. 273, 1973]