§ 38-51. Purpose.

(a)

This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the city. This article is enacted in accordance with the home rule powers of the city, granted under the state constitution, in statutes of the state including, but not limited to, V.T.C.A., Local Government Code § 212.001 et seq. It is hereby declared by the city council that recreation areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new construction on vacant land or rebuilding structures on existing residential property.

(b)

Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities, be a minimum of 11 acres, and be within convenient distances for a majority of the residents to be served thereby. Park districts are established by the official park plan for the city and shall be prima facie proof that any park located therein is within such convenient distance from any residence located therein. Primary cost of neighborhood parks shall be borne by the ultimate residential property owners, who, by reason of the proximity of their property to such parks, shall be the primary beneficiary of such facilities. Therefore, the requirements of this article are adopted to affect the purposes stated.

(Code 1982, § 24-41; Ord. No. 87-1, § I, 1-5-1987; Ord. No. 99-20, § 1, 6-7-1999; Ord. No. 15-17, § 1, 6-1-2015)