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BULLET St. Louis City Revised Code Chapter 5.74 Use of Park Funds

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 5.74
Use of Park Funds

Sections:

5.74.010 Definitions.
5.74.020 Special fund.
5.74.030 Expenditure for capital improvements.
5.74.040 Donations to be accepted.
5.74.050 Forest Park fund.
5.74.060 Source of revenue.
5.74.070 Use of funds.
5.74.080 Conflicting provisions.

5.74.010 Definitions.

As used in this chapter:

A. "Capital improvement" means any action or expenditure taken or made to replace, install, refurbish, rehabilitate, reconstruct, construct, update or otherwise improve the infrastructure of the city's parks, including, for example, but not limited to, roads, bridges, sidewalks, lakes, ponds, statuary, fountains, pavilions, gazebos, rest houses, lighting systems, athletic facilities, toilets, parking facilities, curbs, sewers and signage.

B. "Land" means the entire physical territory within all public parks, plazas and squares owned by or hereafter acquired or established by the City and the space above and the earth or water below the surface thereof, including permanent or temporary buildings or structures of any kind and parking lots or facilities of any kind.

C. "Park" means all City parks (including Tower Grove Park) and all public squares and plazas.

D. "Use" means to conduct any activity upon, to have the right to occupy to the exclusion of others or to exclude others (whether or not exercised), to have the right to exclude others from using, or to have the right to construct or maintain any permanent or temporary building, structure or parking lot or facility on, above, or below.
(Ord. 61988 1, 1990.)

5.74.020 Special fund.

A. On and after July 1, 1991, all revenues (except as provided in subsection B of this section) of the City derived from users or purchasers of park land, and on or after the effective date of the ordinance codified in this chapter [August 3, 1990], all donations of money (except as provided in subsection C of this section) to the City for the benefit of a specific park, and interest on such revenues and donations, shall be held by the Comptroller in a special fund for the account of the Department of Parks, Recreation and Forestry, for the park in which the land used or sold is located or for which the donation was made.

B. Subsection A of this section is not applicable to revenues, derived from fees or charges collected from the general public for daily, seasonal, or other periodic use of park land or recreational or athletic facilities located thereon, such as picnic sites or playing fields, or for permits for special events, such as charity walks or runs, or to revenues derived from concession contracts permitting concession operations in more than one park.

C. Subsection A of this section is not applicable to donations made for more than one park, to donations expressly made for park operations or maintenance, or to any donation for an other purpose inconsistent herewith.
(Ord. 61988 2, 1990.)

5.74.030 Expenditure for capital improvements.

No money in any such special fund shall be expended, used, or encumbered for any purpose except capital improvements in the park for which the fund is held, pursuant to an appropriations ordinance.
(Ord. 61988 3, 1990.)

5.74.040 Donations to be accepted.

The Comptroller is hereby authorized and directed to accept, on behalf of the City, donations of money to the City for the benefit of any park of the City subject, however, to the provisions of this ordinance.
(Ord. 61988 4, 1990.)

5.74.050 Forest Park fund.

The special fund required by Section 5.74.020 A of this chapter with respect to Forest Park shall be the "Forest Park Fund" created and existing pursuant to Ordinance 51336.
(Ord. 61988 5, 1990.)

5.74.060 Source of revenue.

Revenues derived from the following sources in the following parks shall be held in each such park's special fund, as provided by Section 5.74.020 (and Section 5.74.050 in the case of Forest Park) and used only as provided by such section. This enumeration is by way of specification and example and is not intended to be inclusive or to limit the application of this chapter:

A. Forest Park:

1. Rental payments by Barnes Hospital for the use of park land for a parking facility pursuant to a lease authorized by Ordinance 56576, approved July 17, 1973, as amended by Ordinance 58982, approved December 7, 1983, and any renewals thereof;

2. Rental payments and the one time contribution by Barnes Hospital for an elevated walkway in the park pursuant to a lease authorized by Ordinance 59625, approved November 27, 1985, and any renewals thereof;

3. Rental payments by the American Golf Corporation for the 9- and 18-hole golf courses in the park pursuant to a lease authorized by Ordinance 60284, approved February 24, 1987, and any renewals thereof;

4. Rental payments by the Museum of Science and Natural History Subdistrict for the use of certain park land under and around the McDonnell Planetarium pursuant to a lease authorized by Ordinance 58997, approved December 19, 1983, and any renewals thereof;

5. Rental payments by the Missouri History Museum Subdistrict for the use of certain park land under and around the Jefferson Memorial Building pursuant to a lease authorized by Ordinance 61149, approved December 19, 1988 and any renewals thereof;

6. Rental payments by the St. Louis Ambassadors for the use of the Cabanne House pursuant to a lease authorized by Ordinance 59718, approved February 18, 1986, and any renewals thereof;

7. Rental payments made by the St. Louis Amateur Athletic Association for the use of certain park land for a clubhouse, golf course and tennis facility pursuant to a lease authorized by Ordinance 61843, approved March 5, 1990, and any renewals thereof;

8. The contract price for the use of the Upper Muny Parking Lot by Jewish Hospital pursuant to Contract #233236 dated March 4, 1986 and any renewals thereof;

9. The contract price for the use of the Boathouse and certain concessions in Forest Park by Ando Service Company, Inc. pursuant to Contract #18975, dated April 28, 1987, and any renewals thereof;

10. The contract price, if any, for the use of Dwight F. Davis Tennis Tournament Center by the Dwight F. Davis Memorial Tennis Center Corporation pursuant to Contract #8090 dated June 8, 1987 and Ordinance 52952, approved February 1, 1965, and any renewals thereof; and

11. The contract price, if any, for the use of the Mark Steinberg Rink by T.L. Zobel & Associates pursuant to Contract No. 7436 dated October 22, 1986, and any renewals thereof; all to be held in the Forest Park Fund created by Ordinance 51336.

B. Keiner Plaza Park:

1. Rental payments and receipts accrued in excess of expenditures and not dedicated for related expenditures by the St. Louis Ambassadors, Inc. pursuant to a lease/management agreement authorized by Ordinance 60880, approved May 31, 1988, and any renewals thereof; all to be held in a Keiner Plaza Park Fund created pursuant to this chapter.

C. Marquette Park:

1. Rental Payments by the Thomas Dunn Memorials pursuant to a lease authorized by Ordinance 61527, approved July 31, 1989, and any renewals thereof; all to be held in a Marquette Park Fund created pursuant to this chapter.

D. Penrose Park:

1. Rental Payments, if any, by the Matthews-Dickey Expansion Fund pursuant to a lease authorized by Ordinance 58136, approved August 22, 1980, and any renewals thereof; all to be held in a Penrose Park Fund created pursuant to this chapter.
(Ord. 61988 6, 1990.)

5.74.070 Use of funds.

This chapter is not intended to amend Ordinance 60419, generally pertaining to capital improvements budgeting; rather, this is intended to particularly and specifically allocate certain revenues for improvements in City parks; provided however, that if any City park is used or sold in its entirety, the revenues from users or purchasers of such park land, and all interest on such revenues, shall be appropriated only for capital improvements, as defined by this the City parks system or for the acquisition of new City park land.
(Ord. 61988 7, 1990.)

5.74.080 Conflicting provisions.

In the event any provision of this chapter conflicts with provisions of any other ordinance or ordinances, it is the intent of the Board of Aldermen that this chapter shall be controlling.
(Ord. 61988 8, 1990.)

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